probably getting sued

[iheartny2003]

From Maryland

We sold our house a year ago. Two months after the sale we recieved a letter from the buyers attorney asking us to contact him or have our homeowners insurance company contact him because the buyers have had their garage flooded and have damage to items that they hadn't unpacked yet that they were storing in the garage. They were asking for $7000 to repair the problem. They sent another letter-this time to my husbands job, about two months after that.
Our attorney advised that we not respond to the letters. They had the house inspected before they purchased it, and their home owners insurance agent was present through the entire inspection, so were we. We had never had flooding problems. The garage is at the bottom of a steep driveway. There is a drain in front of the garage door, it runs the entire length of the garage door. We think that they didn't keep the drain clean of leaves and grass clippings etc...
All of our previous neighbors are telling us that they are going door to door asking people if we had ever had flooding, and that they will be taking us to court this year, they are looking for people to come and testify on their behalf/against us. No one has agreed to help them make their case. We had a mediation clause on the contract that stated that both parties agreed to go to mediation instead of court if a problem arises with in one year. It is now one year and we are expected that they will follow through. Do they have a case. What kind of attorney should we hire? We feel bad that they lost their personal items, but I never would have keep such important things in a garage with a drain in front of it.

 

[You Are Guilty]

The attorney who said to ignore the letters is retarded. Your homeowner's at the time of the sale (assuming it had flood coverage) will likely be required to furnish you with counsel should the new owner's sue (or file for arbitration). The catch is they will almost certainly require that you notify them within X days of any claims or potential claims (i.e. the letter). Failure to do so is grounds to deny coverage.

As far as the merits of the case, I wouldn't worry. If the inspection report showed no problems and you didn't know of any flooding issues, they don't have much of a shot.

 

[HomeGuru]

From Maryland

We sold our house a year ago. Two months after the sale we recieved a letter from the buyers attorney asking us to contact him or have our homeowners insurance company contact him because the buyers have had their garage flooded and have damage to items that they hadn't unpacked yet that they were storing in the garage. They were asking for $7000 to repair the problem. They sent another letter-this time to my husbands job, about two months after that.
Our attorney advised that we not respond to the letters. They had the house inspected before they purchased it, and their home owners insurance agent was present through the entire inspection, so were we. We had never had flooding problems. The garage is at the bottom of a steep driveway. There is a drain in front of the garage door, it runs the entire length of the garage door. We think that they didn't keep the drain clean of leaves and grass clippings etc...
All of our previous neighbors are telling us that they are going door to door asking people if we had ever had flooding, and that they will be taking us to court this year, they are looking for people to come and testify on their behalf/against us. No one has agreed to help them make their case. We had a mediation clause on the contract that stated that both parties agreed to go to mediation instead of court if a problem arises with in one year. It is now one year and we are expected that they will follow through. Do they have a case. What kind of attorney should we hire? We feel bad that they lost their personal items, but I never would have keep such important things in a garage with a drain in front of it.

**A: confusing. In one sentence you state that your attorney advised you, then in another sentence you ask what kind of attorney should you hire?

 

[nextwife]

Was it ever determined what the source of the flooding may have been? Was it an issue affecting the neighborhood, or just this property? This would be important to know. For example, a nearby former field that is now a parking lot can create new drainage problems in severe weather that never existed before. The municipal storm sewer system overflowed, etc.

 

[iheartny2003]

**A: confusing. In one sentence you state that your attorney advised you, then in another sentence you ask what kind of attorney should you hire?

Yes, we asked advice of our real estate attorney, but someone told me we should hire a "repairian" attorney if this does go to court. Because they are asking for money to "repair" the problem. I've never heard of repairian atty., so I asked.

 

[iheartny2003]

Was it ever determined what the source of the flooding may have been? We had tremendous rain storms, after 4 years of draught. We are still getting an unusual amount of rain, whenever it storms.

Was it an issue affecting the neighborhood, or just this property? I would assume they wern't the only ones, I know there were stories on the news that showed flooding in other neighborhoods, but no, the "neighborhood" was not flooded. The garage is at the bottom of a slope, that is why the drain is in front, I suspect they didn't keep it clean and it just couldn't drain the enormous amount of water fast enough. We never had the problem, but most of the time we lived there we had draught, and I always kept leaves, and grass (and plastic bags, and frogs, and cigarette butts...) out of the drain.

 

[HomeGuru]

**A: confusing. In one sentence you state that your attorney advised you, then in another sentence you ask what kind of attorney should you hire?

Yes, we asked advice of our real estate attorney, but someone told me we should hire a "repairian" attorney if this does go to court. Because they are asking for money to "repair" the problem. I've never heard of repairian atty., so I asked.

**A: I have never heard of such an attorney either. Although some attorney's attitudes and ethics need repairing. What do you call an attorney that deals in water rights?

 

[iheartny2003]

Water rights? I'm confused. They are asking for money to fix a drain that was put in by a previous owner. It's not a city sewer drain or anything.

 

[rmet4nzkx]

Yes, we asked advice of our real estate attorney, but someone told me we should hire a "repairian" attorney if this does go to court. Because they are asking for money to "repair" the problem. I've never heard of repairian atty., so I asked.

Perhaps they meant, riparian \rih-PAIR-ee-uhn; ry-PAIR-ee-uhn\, adjective:
of or pertaining to the bank of a river or stream also spelled reparian. Your state has vast "riparian" zones.

I would think the fact that there was a drain would be an obvious clue to the possibility of runnoff. Storing boxed items directly on the a cement floor is asking for trouble. My son had a similar problem, only his whole lower floor of his trilevel, which was 3 feet below grade was flooded ruining all the hardwood floors and carpets. Insurance didn't pay for it because the patio drain was cloged with leaves, most likely that is why they went after you, because their homeowners insurance didn't pay.

Because of the proximity to the flooding or seasonial water issues, perhaps a "ripairan" attorney with interest in environmental law?

All you wanted to know about riparian but were afraid to ask.

Riparian areas are the green, vegetated areas on each side of streams and rivers. They serve many important functions, including purifying water by removing sediments and other contaminants; reducing the risk of flooding and associated damage; reducing stream channel and streambank erosion; increasing available water and stream flow duration by holding water in stream banks and aquifers; supporting a diversity of plant and wildlife species; maintaining a habitat for healthy fish populations; providing water, forage, and shade for wildlife and livestock; and creating opportunities for recreationists to fish, camp, picnic, and enjoy other activities.
--Jeremy M. Brodie, "Ribbons of Green," Bureau of Land Management Environmental Education Home Page

Along its serpentine course, the Charles River widens and narrows, and its riparian sounds swell to crescendos in places or relax to the low purr of a river at peace.
--Craig Lambert, Mind Over Water: Lessons on Life from the Art of Rowing

[The vireo's] comeback may prove that habitat along streams in Southern California is recovering from the effects of pollution caused by decades of urban development. That is a critical indicator of environmental health in a state that has lost 97% of its riparian woodlands, more than any other state.
--Gary Polakovic, "Songbird's Numbers Crescendo," Los Angeles Times, Sunday, August 22, 1999

[What about your social circle?] "A steady stream of brilliant American intellectuals visiting me in the riparian solitude of a beautifully reflected sunset."
--Vladimir Nabokov, "Nabokov on Nabokov and Things," New York Times, Sunday, May 12, 1968

 

[Souix]

LOL....thats a good one, repairian attorney is for repairs and riparian is for water rights. It sound like your lay friends are referring to "riparian" which has to do with water not repairs...lol.....hire a real estate attorney.

 

[HomeGuru]

Good job guys.

 

[iheartny2003]

Thanks guys!

 

[rmet4nzkx]

LOL....thats a good one, repairian attorney is for repairs and riparian is for water rights. It sound like your lay friends are referring to "riparian" which has to do with water not repairs...lol.....hire a real estate attorney.

LOL! Real Estate attorneys should also cover "Riparian" issues. BTW Water damage is a BIG issue these days in the insurance business, I know people who have had their insurnace cancelled because of past water damage claims or a home with a history of water damage. Something to think about when buying a home.

 

[HomeGuru]

LOL! Real Estate attorneys should also cover "Riparian" issues. BTW Water damage is a BIG issue these days in the insurance business, I know people who have had their insurnace cancelled because of past water damage claims or a home with a history of water damage. Something to think about when buying a home.

**A: get with the program. Riparian means water rights as in bodies of water such as beaches, rivers, lakes, streams etc. not water damage in a home.
Now if the home has water damage and mold growth, then you would contact a moldy attorney.

 

[rmet4nzkx]

**A: get with the program. Riparian means water rights as in bodies of water such as beaches, rivers, lakes, streams etc. not water damage in a home.
Now if the home has water damage and mold growth, then you would contact a moldy attorney.

I know what riparian means! Thing is there are Riparian zones which may only be wet at certain times/seasons or during excessive waterfall. Another example is a vernal pool.

If this house is located in a riparian zone that is a part of a watershed, and the drain was installed by the previous owner, not a part of the original construction, they may have had past problems with wter damage unknown to OP. In years of heavy rain, may fallow along the path of a natural water flow. For example, I live just past the natural crest in a hill, the hill is solid rock covered with about 2 feet of topsoil, as a result when it rains all the water that hits the streets or yard saturates the soil and drains toward my house along the top of the rock, but under the soil, not quite an underground river, and this continues through my basement, which stays wet for about 9 months of the year or when someone overwaters! Recently, my niece who lives in the high desert and has live ther more than 15 years, her house was flooded with a wall of mud. A sudden rainfall liquidfied the desert silt and sand causing it to flow through her home. There was no river or water shed in her area, although dried lake beds are known to exist in the areas. Other desert areas are known for their underground rivers and riparian zones.

The only point was riparian zone or not a real estate attorney should be able to handle it.